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$~ * in the HIGH COURT of DELHI at NEW DELHI % Date of Decision $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th June, 2021 I.A. No. 4164/2021 In + CS(OS) 277/2020 DR. MAYA D. CHABLANI ..... Plaintiff Through: Mr. Abhishek Gusain and Mr. Sam C. Mathew, Advocates versus RADHA MITTAL & ORS. ..... Defendants Through: Mr. D.K. Pandey and Mr. Deepak Kumar, Advocates for defendants No.1 and 3 Mr. Pragyan Sharma, Advocate as Amicus Curiae Ms. Nandita Rao, ASC for GNCTD Ms. Manisha T. Karia, Ms. Sukhdha Kalra, Mr. Adarsh Kumar and Ms.Nidhi Nagpal, Advocates for Animal Welfare Board of India CORAM: HON'BLE MR. JUSTICE J.R. MIDHA J U D G M E N T 1. The plaintiff has filed I.A. No. 4164/2021 to restrain defendant No.1 from feeding the stray dogs near the entrance/exit of the suit property. However, the dispute between the parties relating CS(OS) 277/2020 Page 1 of 86 to the feeding of the stray dogs has been amicably resolved with the assistance of Mr. Pragyan Sharma, learned Amicus Curiae and Ms. Manisha T. Karia, learned counsel for Animal Welfare Board of India. The settlement between the parties on this issue has been recorded in the order dated 05th May, 2021, according to which, defendant No.1 agreed to feed the stray dogs at point A at fixed times. Relevant portion of the order dated 05th May, 2021 is reproduced hereunder: ―I.A. No. 4164/2021 4. Learned counsels for both the parties submit that the parties have resolved their differences with respect to prayer (b) with the assistance of Mr. Pragyan Sharma, learned Amicus Curiae and Ms. Manisha T. Karia, learned counsel for the Animal Welfare Board of India (AWBI). It is submitted that the parties have agreed to the following terms:- i. The plaintiff is aggrieved with the feeding of stray dogs by defendant No.1 inside the subject property No. A- l/136, Ground Floor, Inderpuri, New Delhi. ii. Defendant No.1 disputes that she has fed the stray dogs inside the subject property. It is submitted that defendant No.1 feeds the stray dogs at a distance from the subject property. However, defendant No.1 agrees not to feed any stray dogs inside the subject property bearing No. A-l/136, Inderpuri, New Delhi. iii. Defendant No.1 agrees to feed the stray dogs at point ‗A‘ marked on the Site Plan handed over by learned counsels for both the parties. Defendant No.1 further agrees to feed the stray dogs at point ‗A‘ in the morning from 06:00 AM to 08:00 AM and in the evening between 07:00 PM to 10:00 PM. iv. The plaintiff is agreeable to above terms and has no objection to defendant No.1 feeding the stray dogs at point ‗A‘ marked on the site plan. CS(OS) 277/2020 Page 2 of 86 5. The settlement between the parties is lawful and is recorded.‖ 2. Mr. Pragyan Sharma, learned amicus curiae, Ms. Manisha T. Karia, learned counsel for Animal Welfare Board of India, Ms. Nandita Rao, learned Additional Standing Counsel for GNCTD and learned counsels for both the parties urged before this Court to lay down the guidelines with respect to feeding of stray dogs. 3. Mr. Pragyan Sharma, learned amicus curiae has done extensive research on the subject and has filed very comprehensive written submissions before this Court. Ms. Manisha T. Karia, learned counsel for Animal Welfare Board of India and Ms. Nandita Rao, learned Additional Standing Counsel for GNCTD have also filed written submissions. The written submissions filed by the learned counsels have been considered by this Court. Submissions of Mr. Pragyan Sharma, Advocate as Amicus Curiae 4. Feeding of animals has from times immemorial been considered as a good deed in all religions. Feeding animals including dogs find mention in the Vedas and Purans and was considered as a resource to absolve the sins of a person. Dogs have been referred to as „Shvan‘ in many Vedic verses and have a deep meaning in Hindu mythology. 5. Dogs are the most protective and loyal species in the world and they live within their own packs and territory. Dogs are considered to be immensely intelligent beings. The survival instincts of dogs are supreme. Their loyalty towards the humans is also due to the awareness that they depend on humans for protection. The dogs CS(OS) 277/2020 Page 3 of 86 with proper training can be hunters, watchdogs, property protectors or personal guardians. Once domesticated they consider humans as their family and consider them as their pack, therefore, they tend to protect humans in case of any threats. 6. There is a thin line between dog protection and dog aggression. A protective dog will become alert to unfamiliar surroundings or new people but at the same time they will also remain calm and in control. The aggressive nature of the dog is triggered only when the dog feels threatened or senses their owner‟s fear. However, aggression of a dog is many a times misidentified by owners as protection or over-protectiveness. Internally, this mode is totally different and rooted in a dog‟s own insecurities and fears. 7. Dogs are highly versatile in nature and play a very important role in the society. Some of these roles are enumerated below: (i) Service Dogs: Service dogs are specially trained dogs who help physically challenged as well as people with mental illness to live their lives with ease, safety, comfort and confidence. For example, a service dog helps a blind person to move from one place to another. Similarly, a service dog will assist those with stress, anxiety or depression. (ii) Therapy Dogs: Number of therapists these days use a therapy called dog therapy. Dogs are a source of happiness, therefore, anyone who is facing depression is encouraged to keep a dog to keep them entertained or cheerful. Many countries encourage dogs to visit places like hospitals, old age homes and orphanages to spread joy and happiness. CS(OS) 277/2020 Page 4 of 86 (iii) Rescue Dogs: In many cases police uses dogs to rescue people. Such trained dogs are known as rescue dogs and they help police in desperate situations, where immediate action is required and human senses fail. Dogs tend to have very strong instincts and if trained well can be a great asset to police as well as other rescue teams. (iv) Hunting Dogs: Hunting dogs support hunters in tracking, finding and retrieving game. Watch dogs and guard dogs help to protect public or private property. (v) Tracking Dogs: Tracking dogs aid in finding lost animals and people or help finding suspected criminals. (vi) Cadaver Dogs: Human Remains Detection Dogs or Cadaver dogs use their scenting ability to discover human remains or bodies at the scenes of crimes, disasters, suicides or accidents. (vii) Detection Dogs: Detection dogs provide assistance to detect illegal substances in luggage, explosives, chemicals and many other substances. (viii) Police Dogs: Police dogs are trained vigorously to track or immobilize criminals while assisting police officers in making arrests or investigating the scene of a crime. (ix) Cancer Detection Dogs: Cancer detection dogs can detect certain types of cancer by sniffing the patients. 8. Till 1890, the Municipal Laws enacted across British India did not provide anything specific relating to feeding of animals. The Britishers enacted India Prevention of Cruelty to Animals Act, 1890 which prohibited cruelty to the animals and brought in force certain CS(OS) 277/2020 Page 5 of 86 regulations and provisions dealing with animals. The Act protected animals from any sort of pain and suffering inflicted on the innocent beings. One of the consequences of the India Prevention of Cruelty to Animals Act, 1890 was that it increased the demand for animal shelters for rescued animals. 9. After independence, the legislature introduced a number of measures with regards to animal welfare to ensure that non-human beings too live a life with dignity and to protect and secure the well- being of animals. The Constitution of India protects and preserves animals rights 10. Article 48A of the Constitution declares that it is the duty of the state to protect and make all endeavours to safeguard the forests and wildlife. 11. Part IVA of the Constitution declares Fundamental Duties of every citizen of India, and one such duty imposed under Article 51A(g) is to protect and improve the natural environment. It is stated that the words “and to have compassion for living creature” of the said Article are very wide and important as it lays down the duty on every citizen to show kindness and love towards such non-vocal beings. 12. Article 21 lays down the Right to Life and states that no person shall be deprived of his life or personal liberty except according to procedure established by law. The Article has been characterized as the “procedural magna carta protective of life and liberty.” The said Article not only protects the life of human beings but also protects the life of animals. CS(OS) 277/2020 Page 6 of 86 13. The Constitution of India also imposes a power on the Parliament and the Legislatures of states under Article 246 read with Seventh Schedule of the Constitution to make laws for the prevention of cruelty to animals and for the protection of wild animals and birds. 14. Article 243W read with Twelfth Schedule of the Constitution, provides provisions for the Municipalities to make laws for cattle pounds and for the prevention of cruelty to animals. Prevention of Cruelty to Animals Act, 1960 15.
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